Category: CAFA Jurisdiction

CAFA removal jurisdiction is based on the complaint as it stands on the date of removal; plaintiff may not defeat CAFA jurisdiction by amending the class definition post-removal to exclude citizens of other states. After the defendant has removed a class action to federal court under CAFA, the plaintiff may not amend the alleged class…

A Court of Appeals lacks appellate jurisdiction over a order remanding a case that was removed based on federal question jurisdictional grounds, rather than on diversity grounds under CAFA. 28 USC 1453(c) permits appeals from remand orders, in the Court of Appeal’s discretion, in class action cases removed under “this section.” This decision holds that…

The local controversy exception to federal CAFA jurisdiction applied in this pollution class action because the plaintiffs sought significant relief from and based their suit in significant part on a nondiverse defendant’s negligence in performing its contract to remediate the diverse defendant’s pollution. In deciding whether the local controversy exception to CAFA jurisdiction applies, the…